Holding : The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
Judgment : Vacated and remanded, 5-3, in an opinion by Justice Kagan on February 27, 2019. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Kavanaugh took no part in the consideration or decision of the case. (Note: This case was argued prior to Kavanaugh joining the court.)
https://www.supremecourt.gov/opinions/18pdf/17-7505_2d9g.pdf (Opinion of the Court)
The Chief Justice was the difference here, joining with the liberal bloc. It is important to note that while Petitioner Madison prevailed here, the Supreme Court did NOT overturn his death penalty. Rather, it sent the case back down to the State habeas court to reexamine his case and provided a “road map” of sorts for how the State of Alabama should access Madison’s competency to be executed. It is still possible, though less likely, that Madison’s death sentence could be upheld.
The dissenters objected to the mechanics of the way this case was handled and would have dismissed the writ of certiorari as improvidently granted, basically alleging a “bait and switch” by counsel for Madison.
